Rachel went to the Emergency Department at Choo Choo Hospital in Chattanooga, Tennessee complaining of pain. The emergency department physician took a detailed history of her symptoms and discharged her with a prescription. In the discharge instructions, Rachel was told to return if the pain got worse. Rachel returned the next day, and the emergency room physician diagnosed her with septicemia, a serious blood infection, resulting from her attempt to lance a boil on her face. The presence of the boil is documented in the medical record.
a. Under what theory or theories might Choo Choo Hospital be liable for the actions of the emergency department physician?
b. What additional facts do you need to answer the question?
c. What steps might a hospital administrator take to minimize the hospital's risks?